How is a Tier 2 claim reviewed, and can I appeal if it is denied?
Tier 2 is not paid just because a person requests it. An expert must review the records and decide whether the claim qualifies under the Tier 2 standards.
- A Tier 2 request is reviewed using your MultiCare medical records and imaging by a member of the designated neurosurgery spine-expert panel.
- If the request is denied, you may appeal to the Settlement Administrator. If that appeal is denied, the Tier 2 decision is final.
What does the notice mean by extreme and egregious harm for Tier 3?
Tier 3 is for claimed extreme and egregious harm directly caused by the surgery. The examples in the notice are not a promise that every person with one of these conditions will qualify.
- You must first qualify for Tier 2.
- Examples include additional surgery to revise or correct a qualifying surgery, paralysis, permanent loss of limb function, severe unmanageable chronic pain, or clinically documented severe and permanent emotional trauma caused by the qualifying surgery.
- You must provide supporting non-MultiCare medical records and imaging. You may also send MultiCare records you think are important.
- Reviewers will closely examine pre-existing conditions to determine whether the claimed harm came from the surgery rather than another medical concern.
What happens if my Tier 3 claim is denied?
A Tier 3 claim is reviewed separately after Tier 2 qualification. The notice describes an appeal route, but directs readers to the Plan of Allocation for the full appeal procedure.
- You can appeal a Tier 3 denial to the Settlement Administrator.
- If that appeal is denied, the Tier 3 decision is final.
- If a Tier 3 review occurs, its estimated $5,000 to $10,000 cost will be paid from your Tier 2 payment. A Tier 3 claim also means giving up the Tier 1 payment.
Could a lien or insurance reimbursement claim affect my payment?
A settlement award may not be the amount you ultimately receive if there are valid liens or other claims against it. The notice places responsibility for resolving those matters on the Class Member.
- The administrator will not make a cash payment until a lien or reimbursement claim is resolved.
- Possible claims include health-insurance reimbursement claims, Medicare, Medicaid, court-ordered garnishments, judgments, and other legal obligations.
- Each Class Member is responsible for resolving financial obligations that apply to that person.
Can I choose an electronic payment instead of a check?
Electronic payment is optional. The notice says to follow the settlement website’s instructions for the chosen payment method.
- You may choose Zelle, PayPal, ACH, or Venmo instead of a check.
- Tell the Settlement Administrator that you want electronic payment and provide the account information needed for the method you choose.
What must I do if I want to opt out?
Opting out means leaving the settlement. It is different from objecting: a person who opts out cannot object to the settlement.
- Mail a written exclusion request to the Settlement Administrator and make sure it is postmarked by January 4, 2027.
- Include the case name, your name and current address, your signature or an authorized representative’s signature, and a clear statement that you want to be excluded.
- You cannot opt out by phone or email.
- If you opt out, you cannot receive a settlement payment, but you will not be bound by the settlement or its judgments.
How do I object to the settlement?
Objecting means asking the Court to consider a concern about the settlement while remaining part of it. The notice gives detailed requirements, so readers should follow the full list carefully.
- You must stay in the Class; people who opt out cannot object.
- File a written objection with the Court by January 4, 2027.
- Mail copies to Class Counsel and both sets of Defense Counsel by the same date.
- The objection must provide the information and supporting materials listed in the notice, including your contact information, specific reasons, any evidence, whether you plan to attend the final approval hearing, and your signature.
Other Important Dates
- Exclusion deadline: 2027-01-04
- Objection deadline: 2027-01-04
- Final approval hearing: February 2, 2027, at 8:30 a.m.
- Hearing location: Spokane County Superior Court, 1116 West Broadway, Spokane, WA 99201
Case Details
- Total settlement fund: $55,500,000
- Case name: Sumerlin et al. v. MultiCare Health System et al.
- Case number: 23-2-01703-32
- Court: Spokane County Superior Court
- Administrator: Sumerlin v. MultiCare Health System Settlement Administrator
- Official Settlement Website: https://www.MultiCareSpineSettlement.com
Sources
Claim form, FAQ, deadlines, administrator information
Court-approved notice describing eligibility and benefits
